一、国有股不能上市的法律制度 原因及社会背景分析 我国在发展股票市场的初期,为使转制的国有企业既能充分发挥股份制的优势,又能体现公有制占主导地位的作用,在法律制度上规定了国有股要占绝对控股地位(51％以上),并且为了防止国有资产的流失和控股权的丧失,在实际制度的运行中禁止了国有股权的流通 First, the legal system of state-owned shares can not be listed on the causes and social background analysis China’s stock market in the early stages of development, in order to make the restructuring of state-owned enterprises can give full play to the advantages of joint-stock system, but also reflects the dominant role of public ownership in the legal system In order to prevent the loss of state-owned assets and the loss of controlling interest, state-owned shares should occupy the absolute controlling position (above 51%), and the circulation of state-owned equities should be prohibited during the actual operation of the system